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First verdict of "suicide by cop"

01 May 2003

On 9 May 2003 a jury at Hornsey Coroner's Court in London recorded the first verdict of "suicide by cop" in the case of a person shot dead by police. Michael Malsbury was killed by a police gunman after a siege at his northwest London home on 14 November 2001. The 62-year-old taxi driver had barricaded himself in his house for several hours. Mr Malsbury was shot in the chest after going outside and pulling a gun on the police, two suicide notes were found.

Summing-up, Coroner William Dolman offered the jury the chance to return a verdict of suicide, asking them "particularly to bear in mind the words "suicide by cop"". The phrase, which comes from the USA, had earlier been described by a firearms officer as deliberate actions by a person to "cause a police officer to kill them" the verdict made legal history in the UK. Deborah Coles of Inquest called the verdict perverse:

Common sense says this was not suicide. He was shot dead by the police. How can that be suicide? It might well be lawful killing but it was not suicide...It almost gives an official seal of approval this was a suicide by cop because a person put himself in a position where he wanted to be shot. It is an extremely dangerous precedent. I am not sure of the validity of this verdict.

Nonetheless, there are strong indications that the verdict may be sought more regularly in the future. A recent review by the Police Complaints Authority of 24 police shootings suggested that "self-harm or suicidal intentions arose in 12/24 cases (including seven of the 11 fatalities)". However, it also noted "evidence of the person shot being affected by mental health problems in 11 out of 24 cases (with three more possible cases involving mental health issues)".

Times 10.5.03; Police Complaints Authority "Review of shootings by police in England and Wales from 1998 to 2001", January 2003, http://www.pca.
gov.uk/pdfs/pca_firearms_report_2003.pdf